Pedestrian Cases Are High-Value and High-Stakes
Pedestrian-vs-vehicle crashes almost always cause serious injury. There is no airbag, no crumple zone, and no seatbelt — just the human body absorbing the entire impact. Georgia pedestrian claims regularly settle in the six and seven figures because of the severity of injuries and clear visual liability evidence.
Georgia Right-of-Way Law
Under O.C.G.A. § 40-6-91, drivers must yield to pedestrians in marked crosswalks and at intersections without traffic signals. Outside of crosswalks, pedestrians must yield, but drivers still have a duty to use reasonable care. Most pedestrian crashes happen at intersections, parking lots, and crosswalks where right-of-way clearly favors the pedestrian.
Common Pedestrian Accident Scenarios
- Drivers making right turns on red without looking
- Left-turning vehicles striking pedestrians in crosswalks
- Backing collisions in parking lots
- Distracted drivers running red lights
- Speeding through residential or school zones
- Drunk drivers leaving the roadway
Settlement Value Ranges
- Sprains and bruising: $20,000 – $75,000
- Fractures (hip, leg, pelvis): $150,000 – $500,000
- Multiple surgeries: $500,000 – $1.5 million
- Traumatic brain injury: $1 million – $5 million+
- Spinal cord injury / paralysis: $2 million – $10 million+
- Wrongful death: $1 million – $10 million+
Because pedestrian injuries are typically catastrophic, total policy limits are often the real cap on recovery.
Comparative Fault Risks
Georgia’s modified comparative fault rule means an adjuster will look for any percentage of fault to assign to you — jaywalking, dark clothing at night, walking outside of a marked crosswalk, or being on your phone. Even at 30% fault, your recovery shrinks by 30%. At 50% fault, you recover nothing.
Critical Evidence to Preserve
- Intersection traffic cameras and nearby business surveillance
- Driver’s cell phone records to prove distraction
- Vehicle event data recorder (EDR/black box)
- Witness statements collected within 48 hours
- Photos of the crosswalk, signage, and lighting
Insurance Sources That Pay Pedestrian Claims
- The driver’s bodily injury liability policy
- Your own UM/UIM coverage (yes, pedestrians can claim their own auto UM)
- Resident relative UM if you live with someone with auto coverage
- MedPay from any household auto policy
- Health insurance with subrogation
The 2-Year Deadline
O.C.G.A. § 9-3-33 governs pedestrian injury claims. Government entity defendants trigger 6 to 12 month ante-litem notice rules. Move quickly.
Free Pedestrian Claim Evaluation
A Georgia pedestrian attorney can identify every applicable policy and protect your right to full compensation. Free consultations are standard.